04-04-2025
ACLU sues Florida over immigration law that is model for Jacksonville's new law
A lawsuit filed by the American Civil Liberties Union challenges the state Florida's immigration enforcement law that Jacksonville used as a model for its law that marks the first time a city will impose jail time for immigration offenses.
The ACLU of Florida, ACLU Immigrants' Rights Project and Americans for Immigrant Justice contend the state law authorizes state and local officials to imprison people by using enforcement powers that belong exclusively to the federal government.
Jacksonville General Counsel Michael Fackler has told City Council the immigration laws of both the state and the city would face the same legal issues for courts determining whether the laws are constitutional.
Opponents of the Jacksonville law have said they expects it will face a legal challenge in federal court.
The state law imposes a nine-month misdemeanor prison sentence for anyone 18 and older who comes into Florida after entering the country illegally. A second violation increases the punishment to a third-degree felony with a mandatory sentence of one year and a day and a third offense bring a mandatory two-year prison sentence.
The ACLU suit says the state "created it own immigration crimes, completely outside the federal immigration system" by putting local and state police, state prosecutors and state judges in charge of arrests and prosecutions without any control or role by the federal government.
Texas, Iowa and Oklahoma previously enacted their own state immigration laws that are facing legal challenges in federal court.
Jacksonville will be the first city in the nation to create a local immigration law with jail sentences starting Tuesday. City Council approved the legislation on a 12-5 vote and Mayor Donna Deegan said she will let it become law without her signature.
Legal challenge: Immigrant advocates sue Florida over new immigration crackdown law
Deegan decision: Jacksonville Mayor Donna Deegan announces position on bill creating local immigration law
The Jacksonville Illegal Immigration Enforcement Act (2025-147) makes it a Class B offense in the city's Ordinance Code for an immigrant who is 18 or older to enter the city of Jacksonville without legal status. A conviction would carry a mandatory 30-day jail sentence. A repeat offender of that law would face a mandatory 60-day jail sentence.
Judges would have to order those arrested be held in jail while awaiting trial. The Sheriff's Office would inform federal authorities and the Florida Department of Law Enforcement about anyone arrested under the city law.
Deegan and several City Council members opposing the legislation have said it will land the city in court in a losing legal fight. Supporters of the bill say it will give another enforcement tool to Sheriff T.K. Waters.
This article originally appeared on Florida Times-Union: ACLU sues Florida over law that Jacksonville used as its model
